Upcoming seminar on the Internet and suppression issues
Tuesday, November 10th, 2009The Law Commission, InternetNZ and the Ministry of Justice are hosting a seminar on the Internet and the courts. It will be looking at issues such as: • Undermining of suppression orders • Lack of jurisdiction over material hosted outside NZ • Online discussion of crimes and trials potentially being a contempt of court • […]
Libel games
Tuesday, November 10th, 2009London is known as the libel capital of the world. But I was chatting to Melbourne Law School professor Andrew Kenyon last week, and he said that there is a country whose defamation laws are even more plaintiff-friendly than England’s: Australia. US-based internet game company Ebony [ooops, it’s Evony, as Russell points out in the […]
Just as long as you’re not “impugning Parliament”…
Friday, November 6th, 2009Another part of Justice Dobson’s decision in Leigh (discussed below) revolves around the court’s anxiousness not to involve the courts in any impugning of Parliament. He rules that Ms Leigh can’t use Trevor Mallard’s attack on her in Parliament during Question Time to support her case. There is good authority for this rule. One is […]
Are too
Wednesday, November 4th, 2009Remember Erin Leigh? She was working on contract on a climate change communications strategy for the Ministry for the Environment when Clare Curren, another communications adviser, was appointed to oversee her work. Ms Leigh left. A political shitstorm blew up the following year. Was Ms Curren’s appointment politically motivated? Was it really about ideological disagreements […]
Free speech by the numbers
Wednesday, November 4th, 2009In case you were wondering what the First Amendment was all about, US Court of Appeals judge and law and economics whizz Richard Posner has the answer: Ax – Bx = -(pH / (1 + d)n + O)x where the xs are subscripts denoting derivatives and relate to potential strictness of regulation; the n is […]
Bad English
Thursday, October 29th, 2009Let me get this straight: TVNZ7 scripted this ad? What were they thinking? I must say, my first response was the same as Graeme Edgeler’s: this might be an “election programme” under the Broadcasting Act. It’s an offence to broadcast a promo that “advocates support for a candidate or for a political party”. Interestingly, the […]
House of Lords supports dumping criminal libel
Tuesday, October 27th, 2009And about time. We’ve already got rid of it. Mind you, the Aussie state of Victoria, where I am right now, still recognises criminal libel – which includes defamation of dead people and defamation where’s there’s no publication to anyone but the person defamed – and the defences (except truth) aren’t clear. Who knew? Looks […]
Sure enough…
Thursday, October 22nd, 2009The Solicitor-General has applied for Vince Siemer to be held in contempt of court for breaching the court order that he remove from his website his article about a suppressed HC judgment. (This time, he has sensibly just gone for a three-month jail term, seeking to avoid the Bill of Rights right-to-jury issues that continue […]
What’s wrong with trial by media?
Wednesday, October 21st, 2009I get irked by those who rail against “trial by media” as if it’s some general category of wrongdoing. Yes, some reporting of allegedly criminal conduct is unfair, inaccurate or unbalanced, and some may even prejudice an accused person’s right to a fair trial. In such cases, we should by all means criticise the reporting […]
Siemer in contempt again?
Tuesday, October 20th, 2009Yet another chapter is written in the Vince Siemer saga. In this episode, Vince decides that a High Court order suppressing publication of a decision doesn’t apply to him. The decision concerned some pre-trial rulings in concerning the Uruwera defendants, so it’s pretty big deal. Justice Winkelmann suppressed the decision, it seems, out of concern […]
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